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Cobb County jury trials paused as COVID-19 spreads
Court Watch |
2022/01/08 12:27
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As COVID-19 cases continue rising across the state of Georgia, the court system in one of its counties has decided to pause jury trials.
Cobb County Superior Court Judge Robert D. Leonard issued an order Monday to cancel trial jurors through Jan. 21, WSB-TV reported.
“I did not make this decision lightly,” Leonard said. “We must keep in mind that jury service compels people of all walks of life, with all health conditions and vaccination status to attend court. Additionally, the likelihood of successfully getting through a lengthy jury trial when our community spread is at this record level is slim.”
According to the Georgia Department of Public Health, 11,902 cases of COVID-19 have been reported in Cobb County in the last two weeks.
Jury trials across Georgia were paused for much of the pandemic. Trials in Cobb County ultimately resumed last April.
Leonard also said that the State Court of Cobb County will be undertaking the same measures.
Grand jury proceedings will not be affected.
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Judges send Tyson workers’ virus lawsuit back to state court
Court Watch |
2022/01/03 18:31
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A federal appeals court has ruled that Tyson Foods can’t claim it was operating under the direction of the federal government when it tried to keep its processing plants open as the coronavirus spread rapidly within them during the early days of the pandemic.
So the Des Moines Register reports that a lawsuit filed by several families of four workers who died after contracting COVID-19 while working at Tyson’s pork processing plant in Waterloo will be heard in state court. The families allege that Tyson’s actions contributed to the deaths.
Tyson had sought to move the case to federal court because it said federal officials wanted it to keep its plants running. The company cited an executive order former President Donald Trump signed that designated meat processors as essential infrastructure.
“The fact that an entity — such as a meat processor — is subject to pervasive federal regulation alone is not sufficient to confer federal jurisdiction,” Judge Jane Kelly wrote in the decision.
The court also noted that Trump’s order was signed in late April 2020 after many of its workers were infected. More than 1,000 Tyson workers at the Waterloo plant tested positive for the virus that spring and at least six died.
Tyson spokesman Gary Mickelson said the Springdale, Arkansas-based company is disappointed in the court ruling, but he defended the steps Tyson took to keep workers safe during the pandemic.
“We’re saddened by the loss of any of our team members to COVID-19 and are committed to protecting the health and safety of our people,” Mickelson said. “We’ve implemented a host of protective measures in our facilities and in 2021 required all of our U.S. team members to be vaccinated.”
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Griffis beginning 8-year term on Mississippi Supreme Court
Class Action |
2021/12/25 13:36
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The Mississippi Supreme Court is holding a ceremony Monday for Justice Kenny Griffis to begin a new term of office.
Griffis served 16 years on the state Court of Appeals. In February 2019, then-Gov. Phil Bryant appointed him to fill an open seat on the Supreme Court.
Griffis won an election to the Supreme Court in November 2020. The court has nine justices, and Griffis holds one of two seats with a delay of more than a year between the election and the beginning of the new term.
During the ceremony Monday at the Gartin Justice Building in Jackson, Griffis will take the oath for an eight-year term.
Griffis is a Meridian native who now lives in Ridgeland. He earned accounting and law degrees from the University of Mississippi. He is an adjunct professor at the Mississippi College School of Law and the University of Mississippi School of Law.
Griffis was chief judge of the 10-member Court of Appeals when Bryant moved him to the Supreme Court.
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Appeals court upholds mask requirement for Knox schools
Breaking Legal News |
2021/12/21 10:44
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A federal appeals court has upheld the mask requirement for Knox County Schools.
A U.S. Court of Appeals for the 6th Circuit panel on Monday denied the school board’s request to pause the mask requirement while the issue is debated in court, the Knoxville News Sentinel reported.
U.S. District Judge J. Ronnie Greer ruled in September the school system must adopt a mask mandate to help protect children with health problems more susceptible to the coronavirus pandemic.
Knox County Schools argued virtual classes are a reasonable accommodation, but children attend at home and must be supervised.
“Like the district court, we are not persuaded that virtual schooling is a reasonable alternative to universal masking,” the appeals court wrote. The full appeal of the Knox County case will be heard at a later date, the newspaper reported.
Knox County adopted a mask mandate during the 2020-21 school year but chose not to this year despite COVID-19 numbers that remained high. Public health agencies say indoor mask-wearing is a key coronavirus-prevention tool.
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Anchorage wins lawsuit over failed port construction
Court Watch |
2021/12/16 15:14
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Anchorage has won its lawsuit with a federal agency over failed construction at the state’s largest port.
U.S. Court of Federal Claims Judge Edward J. Damich on Thursday found the U.S. Maritime Administration breached its 2003 and 2011 agreements with the Municipality of Anchorage over construction at the Port of Anchorage, KTUU-TV reported. The facility has since been renamed the Port of Alaska.
“It’s an enormous vindication of what we’ve been saying all along, and that’s basically that the federal government had control of this project and they didn’t perform — they messed it up,” assistant municipal attorney Robert Owens said.
In 2014, Anchorage filed a lawsuit against the maritime administration for more than $300 million over failed construction in the effort to replace deteriorating facilities and upgrade port infrastructure to meet increasing demands.
A nine-day trial was held last spring, at which the municipality argued the government’s 2003 and 2011 agreements required the agency to provide technical expertise to oversee, design and construct the expansion project “free of defect,” the court documents show.
The government countered that Anchorage was the party responsible for managing and executing the project, and the maritime administration didn’t breach any duties.
The judge sided with Anchorage, saying the federal agency failed to enforce its contractual duties or administer funds properly.
The amount of damages have not been awarded yet. Both sides have 10 days to submit arguments for what they believe the monetary award should be.
Anchorage Mayor Dave Bronson called the verdict a victory for Alaska.
“The Port of Alaska is a vital piece of infrastructure for all Alaskans, with roughly 90% of our population touched by goods that come through the Port,” Bronson said in a statement.
The municipality is working with the state and federal government to secure nearly $1.6 billion to repair the port, Bronson said.
An email sent Friday to the U.S. Maritime Administration seeking comment was not immediately returned.
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Supreme Court rejects appeal over press access in Wisconsin
Court Watch |
2021/12/13 13:52
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The Supreme Court has rejected an appeal from a conservative think tank over Gov. Tony Evers’ decision to exclude the group’s writers from press briefings.
The justices acted without comment Monday, leaving in place lower court rulings that said the decision is legal.
The John K. MacIver Institute for Public Policy filed the lawsuit in 2019 alleging that Evers, a Democrat, violated its staffers’ constitutional rights to free speech, freedom of the press and equal access.
Former Gov. Scott Walker, a Republican, had joined in the institute’s bid for high-court review. Evers defeated Walker in 2018.
Last year, a federal judge rejected the group’s arguments, saying MacIver can still report on Evers without being invited to his press briefings or being on his email distribution list. The 7th U.S. Circuit Court of Appeals unanimously upheld that ruling in April.
Former Republican Gov. Scott Walker had urged the Supreme Court to take the case, arguing that the ruling in favor of Evers allows censorship because it permits picking and choosing which reporters attend press events that have long been open to reporters but closed to the general public.
The appeals court ruled that Evers’ media-access criteria was reasonable and he was under no obligation to grant access for every news outlet to every news conference.
MacIver had argued that Evers was excluding its staffers and violating their free speech rights because they are conservatives. Evers said they were excluded because they are not principally a news gathering operation and they are not neutral.
Evers’ spokeswoman Britt Cudaback did not immediately return a message Monday seeking comment on the Supreme Court’s decision. MacIver’s attorney Dan Suhr also did not immediately return a message.
MacIver covers legislative meetings and other events at the Capitol as well as some Evers news conferences. But the institute sued after being excluded from a media briefing Evers gave for reporters on his state budget proposal in 2019. Evers wasn’t present, but members of his administration provided information to reporters on embargo ahead of his budget speech to the Legislature that evening.
The appeals court noted that a limited number of reporters were allowed into the event. Reporters from The Associated Press, along with the Milwaukee Journal Sentinel and Wisconsin State Journal, were among those present for that briefing.
Former governors, including Walker, also limited the number of reporters and news outlets that could attend budget briefings and other events.
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Court won’t stop Texas abortion ban, but lets clinics sue
Court Watch |
2021/12/10 13:11
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The Supreme Court on Friday left in place Texas’ ban on most abortions, offering only a glimmer of daylight for clinics in the state to challenge the nation’s most restrictive abortion law.
The decision, little more than a week after the court signaled it would roll back abortion rights and possibly overturn its landmark Roe v. Wade decision, was greeted with dismay by abortion rights supporters but praise by opponents.
Five conservative justices, including three appointed by former President Donald Trump, formed a majority to limit who can be sued by the clinics, a result that both sides said probably will prevent federal courts from effectively blocking the law.
Texas licensing officials may be sued, but not state court judges, court clerks or state Attorney General Ken Paxton, the court ruled. That seems to leave people free, under the unusual structure of the Texas law, to sue abortion clinics and anyone else who “aids or abets” an abortion performed after cardiac activity is detected in an embryo, around six weeks and before some women know they’re pregnant.
“The Supreme Court has essentially greenlit Texas’s cynical scheme and prevented federal courts from blocking an unconstitutional law,” the Center for Reproductive Rights, which represents the Texas clinics, said on Twitter.
The court acted more than a month after hearing arguments over the law, which makes no exceptions for rape or incest.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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